Martin Clearwater & Bell LLP has established its reputation with the bench and bar for its longstandingdefense of New York’s premier teachinghospitals and physicians in complex high-exposurecases in many practice areas. The Firm is proud to havefour of its Senior Partners again listed this year in NewYork’s Best Lawyers and to have earned the honor of aTop-Ranked Law Firm by Martindale-Hubbell.
What distinguishes MCB from other defense firmsis the talent, experience and stability of its partnership.This is evident in the fact that 11 of the Firm’s 17 seniorpartners have in excess of 30 years experience, with theothers having at least 20 years experience, defendinglawsuits in state and federal courts, state departmentalagencies, and tribunals. Four of the Senior PartnersBruce G. Habian, John L.A. Lyddane, Anthony M. Sola,and Peter T. Crean—have been elected as fellows of theAmerican College of Trial Lawyers. The level of experienceand service to the Firm’s clients translates into consistentjury trial successes and accurate and realistic analyses ofrisk assessment.
What makes MCB unique in the defense of medicalmalpractice cases is that the Firm’s attorneys have superiortrial skills coupled with exceptional knowledge of theunderlying medical and legal principals and procedures.The attorneys understand and coordinate the best approachto the often conflicting issues that are characteristic ofthis type of litigation. The depth and breadth of medicalknowledge is focused on obstetrics, neonatology,neurosurgery, radiology, orthopedics, podiatry,ophthalmology, cancer/oncology, cardiac surgery, generalsurgery, infectious disease, internal medicine, bariatricsurgery, and emergency medicine. The Firm’s experienceextends into perinatal and obstetrical morbidity andmortality, wrongful death and wrongful life, brain injury,disfigurement, paralysis, psychiatric disorders, vicariousliability, and systemic practices of health-care organizationsand medical education. The Firm’s Partners routinelycounsel at hospital grand rounds, medical specialtyconferences, and bar association programs.
“We have longdependedon MCB’sexperienceand resultsin complexmedical andhealth-carematters andnow rely onits expertisein other practiceareas.”—Senior AssociateGeneral Counselof a MajorUniversityMedical Center
In response to the fast-growing development in litigationinvolving electronically stored information, MCB hascultivated an expertise in e-discovery. Recently, the Firmhas spearheaded the e-discovery preservation, review, andproduction of millions of pages of documents in a complexmultiparty litigation. MCB’s experience with e-discoveryfrom preservation to production and familiarity with theever-changing legal demands allows us to advise ourclients on how to comply with discovery in the most costeffectivemanner.
MCB’s extensiveexperience in defendingtraditional medicalmalpractice claims hasled to its prominence inthe defense of nursinghomes and other longtermcare facilities.The Firm works toanticipate aggressivediscovery tactics andformulate a proactivedefense in each case. MCB also defends dentists in casesinvolving oral surgery, failure to diagnose oral cancers, dentalrestorative work, cosmetic dentistry, pediatric and adultorthodontic cases, and periodontal and endodontic cases.
The Firm’s practice extends to other professionals,including attorneys, architects, and accountants inprofessional liability cases. Partners counsel clients inphysician discipline and credentialing matters, as well asmanagement in employment law matters. Theseprofessionals turn to MCB when protecting theirreputation—ensuring the best possible outcome is the onlyoption. The Firm acts as trial counsel in professional liabilitymatters in both federal and state courts, and it also handlesall of the related appellate practice.
MCB assists physician groups in developingcomprehensive risk management policies, and it providespersonalized and consistently high-quality representation togroup practices’ professional legal needs. One of the Firm’sSenior Partners has served as the State Chairperson of theProfessional Discipline Subcommittee of the Health LawSection of the New York State Bar Association. The Firmalso counsels physicians, group practices, and independentpractice associations (IPAs) in health-care compliance, andit represents clients in regulatory investigations andMedicare/Medicaid billing audits.
MCB has a team of dedicated specialists who are skilledin the art of appellate advocacy in state and federal courtsand who have helped to shape law in New York. The teamrecognizes that a successful appeal begins at the pre-trialmotion or trial level, and members of the appellatedepartment work closely with other litigators at each stageof the proceedings to frame key issues, advance the mostpersuasive arguments, and ensure that issues are properlypreserved for appellate review. This collaborative processcontinues through the post-verdict and appellate phases ofthe litigation, as our appeals attorneys offer objective adviceand analysis and then assist in preparing dispositive motions,as well as appellate briefs.